This Court long ago recognized that " `no principle is better established than that a purchaser must look to every part of the title which is essential to its validity. The law requires reasonable diligence in a purchaser to ascertain a defect of title.'"

Such information the purchaser is bound by, for it is a general rule that a man is regarded as notified of whatever appears in the instruments which constitute his chain of title; and whether he actually reads them or not he is equally chargeable with knowledge of their contents.

—an executor obtained a certificate for 4,000 acres of land, and afterwards sold and assigned the same, when it appeared under the will that he had no right to sell the land, it was held that the purchaser to whom the patent was subsequently issued took with notice of the prior title of the heirs, and was bound to make the conveyance asked from him.

When a purchaser has notice of a fact which casts doubt upon the validity of his title, the rights of innocent persons must not be prejudiced as a result of his negligence.

"It is a familiar doctrine, universally recognized where laws are in force for the registry or recording of instruments of conveyance, that every purchaser takes his title subject to any defects and infirmities that may be ascertained by reference to his chain of title as spread forth upon the public records.

The act of the Register, in issuing the warrant on which a patent is to issue, is ministerial, not judicial.

But it is well settled, that a prior claim, independent of any patent, may for some purposes be considered, and be, valid, and for other purposes may be considered as confirmed by the patent.

A patent for the land under the Virginia land law, as modified by usage and judicial construction in Kentucky and Ohio, conveys the legal title, but leaves the equities open.

—it was held that "where an equitable right, which originated before the date of the patent, whether by the first entry or otherwise, is asserted, it may be examined."

The law never intended that a man should wilfully shut his eyes to the condition of the land as shown by the record, at the very time the purchase or loan was made

[BOOK] A Commentary on the Mining Legislation of Congress

[BOOK] Digest of the Opinions of the Attorneys General of the United States

[BOOK] Californa Citations

[PDF] TRUTH TOLD BY NUMBERS

[PDF] University of Michigan Law School Scholarship Repositor y

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